1. What should I do if the defendant cannot be contacted in a civil lawsuit?
If the defendant cannot be contacted in a civil lawsuit, the court will arrest him, and those who refuse to appear in court will be regarded as absent. If the defendant has signed a court summons, the defendant's absence will not affect the court proceedings and a judgment may be made in absentia. If the defendant fails to sign for the summons or the defendant cannot be found, the court may post an announcement in a newspaper or court bulletin board to serve the summons. After the expiration of the time limit, the defendant shall be deemed to have signed for the summons. If you refuse to appear in court, the final verdict will be very unfavorable to the defendant.
2. What should I do if the defendant does not appear in court?
If the defendant has signed a court summons, the defendant's absence will not affect the court hearing and a judgment may be made in absentia.
If the defendant fails to sign for the summons or the defendant cannot be found, the court may post an announcement in a newspaper or court bulletin board to serve it. After the expiration of the time limit, the defendant will be deemed to have signed for the summons.
According to the relevant laws of our country, default judgment is applicable to the following situations:
1. If the plaintiff does not appear in court or withdraws from the court midway, the lawsuit will be treated as withdrawn. If the defendant counterclaims, the judgment may be made in default;
2. The defendant refuses to appear in court without justifiable reasons after being summoned by subpoena, or leaves the court midway without permission of the court;
3. Court ruling The lawsuit is not allowed to be withdrawn, and the plaintiff refuses to appear in court without justifiable reasons after being summoned;
4. The legal representative of a defendant without civil capacity refuses to appear in court after being summoned without justifiable reasons;< /p>
5. In a loan case, if the debtor’s whereabouts are unknown when the creditor files a lawsuit, the People’s Court will make an announcement and summon the debtor to respond to the lawsuit after accepting the case. If the debtor still refuses to file a lawsuit after the expiration of the announcement period and the loan relationship is clear, a default judgment may be made after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, a default judgment can be made.
A default judgment has the same legal effect as a judgment on the spot.
The People's Court shall also announce and serve the judgment to the absent parties in accordance with legal methods and procedures to ensure that the parties fully exercise their right to appeal.
Generally speaking, a default judgment is only possible in civil proceedings if the defendant does not appear in court, but in criminal proceedings it is impossible to make a default judgment. The trial can only be made before the defendant or the criminal suspect. After the person arrives at the case. If the defendant fails to appear in court without reason, the court may issue a default judgment. Only the plaintiff appears in court and a default judgment is issued, which is unfavorable to the defendant and may easily infringe upon the defendant's rights.